Apple Wants Amazon Executive’s Testimony in App Store Name Dispute

Apple is asking the court to force an executive from Amazon.com to testify in its legal fight to stop the online retailer from using the term “app store.” Apple has accused Amazon of intentionally playing off of its App Store name to draw more customers to its Kindle platform.

The legal battle started in March 2011 with Apple filing a lawsuit in U.S. Federal Court in Northern California claiming Amazon “unlawfully used the App Store mark to solicit software developers.”

Apple spokesperson Kristin Huguet said at the time that Apple “asked Amazon not to copy the App Store name because it will confuse and mislead customers.”

Apple has been trying to keep other companies from using the term “app store” because it’s associated with its own App Store for iOS apps, and now the Mac App Store, too.

Now Apple is saying Amazon intentionally dropped references to Android apps from its Appstore name, according to GigaOm. “Amazon has consciously chosen to cease or minimize the use of ‘for Android’ with its mark, is highly relevant to Apple’s offensive case,” the filing stated.

So far, the U.S. Trademark Office hasn’t signed off on Apple’s application to take control of the term “app store.” The arguments against giving Apple the trademark are that the term “app store” is too generic, and Apple may have a hard time convincing the Trademark Office otherwise.

Oh, wah wah wah! Amazon is selling apps! Apple will be run out of business!

Oh, wait. Amazon doesn’t sell apps that can be installed on a stock iPhone without jailbreaking, which Apple has (falsely) claimed is illegal.

Ergo, Amazon is not competing with Apple and under existing trade regulations could use the term “app store” even if Apple had actually trademarked it (which they cannot do, for the same reason that Korger’s cannot trademark “grocery store”).

This is just another lawsuit by the rabid mongrels in Apple’s legal department, attempting to suppress evne the *appearance* of competition.